Judgment Search Results Home > Cases Phrase: factories act 1948 section 49 welfare officers Court: chennai Page 1 of about 1,012 results (0.135 seconds)

The Workmen, Represented by the President. Vs. Management, Madras Fert ...

Court : Chennai

..... set up for the welfare of the workmen in terms of section 46 of the factories act, 1948. ..... the tribunal after referring to other documents filed, came to the conclusion that in the absence of any prohibition to engage contract labour and that section 46 of the factories act only obliges the management to provide a canteen and that the management successively employed different contractors after awarding contract by floating tenders and there being no relationship between the workmen ..... in these two decisions, the parameters under which canteen employees engaged in a canteen run under section 46 of the factories act and their entitlement to get permanency in the establishment of the principal employer came to be considered by the supreme court and ..... the tribunal framed three issues, which reads as follows:-"1.whether the petitioner's union has competency of interest to raise an industrial dispute under section 2(k) of the i.d.act (framed by this tribunal on the basis of pleadings)?2.whether the contractor is a necessary party to this industrial dispute (framed by this tribunal on the basis of pleadings)?3.whether the claim of the union that ..... the supervision and control on the canteen is exercised by the appellant through its authorised officer, as can be seen from the various clauses of the contract between the appellant ..... denial of such a claim by some officers of the state time and again had ..... since the conciliation officer as he could not bring about ..... and 300 officers permanently. .....

Management of Kasturi Mills Ltd. Vs. Commissioner of Labour and ors.

Court : Chennai

Reported in : (2004)IILLJ827Mad

..... subject column, it is stated as follows:'sub: factories act 1948 and tamil nadu (welfare officer) rules, 1953 -appointment of thiru p. ..... by his letter dated june 13, 1988 appealed to the commissioner of labour, the appellate authority under the tamil nadu factories (welfare officer's) rules, 1953 (hereinafter called the rules), treating the order dated april 30, 1988 as one of termination. ..... counsel appearing for the 2nd respondent would on the other hand submit that the post of labour welfare officer is created by virtue of the powers conferred under section 49 of the act. ..... by order dated december 3, 1993 set aside the order of the chief inspector of factories dated august 29, 1991 and remitted the matter to him for reconsideration as to whether sanction could be accorded under section 105 of the factories act. ..... of our above findings, the further question that arises for our consideration is:'whether appointment of the 2nd respondent as against a statutorily created post under section 49 of the factories act could be either annulled or disturbed without reference to the provisions of the act or the rules made thereunder?'20. ..... no ambiguity in our mind that the post is of a public nature and it carries with it the duties of significance of an officer, which affects a section of the general public. ..... is one required to be created by section 49(1) of the act. ..... section 49(2) enjoins upon the state government to prescribe the duties, qualifications and conditions of service for the incumbent in .....

Mettur Beardsell Limited and Ors. Vs. the Employees' State Insurance' ...

Court : Chennai

Reported in : (1973)2MLJ195

..... as the statutory functionary under the employees' state insurance act, 1948 was of the view that by reason of the amendment of the word 'employee' in section 2 (9) of the act, the employees of the petitioner, even, though working in the administrative office as above, would squarely come within the meaning of the word 'employee' as defined in section 2 (9) and therefore the respondent called upon the petitioner to bring in the personnel working in the administrative office also within the purview and mischief of the ..... it is therefore clear that if the provisions of the employees' state insurance act, 1948, are extended to any institution, other than a factory, which is popularly known in trade and commerce as an establishment, then the procedure prescribed in section 1 (5) is absolutely necessary to be adhered to, as without following it, the appropriate statutory functionary would lack jurisdiction if it extends the provisions of the act to any establishment or class of establishment.3. ..... this act, no doubt is one of those legislations which our parliament undertook in the name of the welfare state and for the progression and welfare of certain sections of the community who deserve encouragement in the hands of parliament and the legislature. .....

Cheran Transport Corporation Limited Vs. Addl. Commissioner for Workme ...

Court : Chennai

Reported in : (1979)ILLJ233Mad

..... and includes a driver, conductor, cleaner, station staff, line checking staff, booking clerk, cash clerk, depot clerk, time-keeper, watchman or attend-ant, but except in section 8 does not include--(i) any such person who is employed in a factory as defined in the factories act, 1948 (63 of 1948);(ii) any such person to whom the pro-visions of any law for the time being in force regulating the conditions of service of persons employed in shops or commercial establishments apply ..... two preliminary objections touching the maintainability of the appeal, the first being that it was an industrial establishment governed by the factories act, 1948 and the central act and, therefore, it does not come under the purview of section 2(3) and 2(6) of the state act; secondly, the second respondent was a motor transport worker as defined in section 2(3)(h) of the central act, and therefore, an appeal under section 41(2) of the state act cannot be entertained. ..... and reasons published by government for making the enactment is to the following effect:there are at present certain enactments like the motor vehicles act, 1939, and the factories act, 1948, which cover certain sections of motor transport workers and certain aspects of their conditions of employment. ..... desirable to have a separate legislative measure for motor transport workers which would cover matters like medical facilities, welfare facilities, hours of work, spread-over, rest periods, over-time, annual leave with pay, etc. ..... officer ..... officer .....

The Cheran Transport Corporation Ltd. Vs. the Additional Commissioner ...

Court : Chennai

Reported in : (1979)2MLJ62

..... the petitioner raised two preliminary objections touching the maintainability of the appeal, the first being that it was an industrial establishment governed by the factories act, 1948 the central act and therefore, it does not come under the purview of section 2(3) and 2(6) of the state act; secondly, the second respondent was a motor transport worker as defined in section 2(3)(h) of the central act, and therefore, an appeal under section 41(2) of the state act cannot be entertained. ..... the statement of objects and reasons published by government for making the enactment is to the following effect:there are at present certain enactments like the motor vehicles act, 1939 and the factories act, 1948, which cover certain sections of motor transport workers and certain aspects of their conditions of employment. ..... it is considered desirable to have a separate legislative measure for motor transport workers which would cover matters like medical facilities, welfare facilities hours of work, spread-over, rest periods, overtime, annual leave with pay, etc. ..... presiding officer, industrial tribunal : air1970pat269 , should have been followed by the first respondent with reference to the preliminary objections raised by the petitioner. ..... presiding officer, industrial tribunal : air1970pat269 , which was decided by a full bench of the patna high court, represents the correct position of law and it is the ratio in that case that must be applied to the case between the parties. .....

The Chairman, TuticorIn Port Trust Vs. TuticorIn Port Democratic Staff ...

Court : Chennai

Reported in : (2007)6MLJ1788

..... their workmen (supra), while dealing with three categories of canteen, the supreme court made the following three categories:a) statutory canteen under section 46 of the factories act, 1948;b) non-statutory canteen established with prior approval and recognition of the employer; andc) non-statutory non-recognised canteen established without prior approval or recognition of the employer.in the present case, the canteen falls ..... union of india reported in : [1990]1scr687 , the supreme court held that under section 46 of the factories act, it is obligatory on the part of the railways to run a canteen and even though the canteen may have been run by staff committee or co-operative society, the legal responsibility is of the railways. ..... life insurance corporation of india reported in 1995 (2) llj 339, the supreme court held that canteen workers of lic office were entitled for absorption as regular employees.iii) in the case of employers in relation to management of reserve bank of india v. ..... the port trust only allowed space at a nominal annual rent and released certain grants from time to time for the welfare of the employees of the canteen. ..... canteen employees welfare association reported in : (2006)illj691sc , almost similar matter fell for consideration before the supreme court. ..... canteen employees welfare association reported in : (2006)illj691sc and submitted that the present case is covered by the aforesaid decision of the supreme court. .....

Food Corporation of IndiA. Vs. the Presiding Officer, and ors.

Court : Chennai

..... vst industries4 dealing with the claim of workers of a canteen run through a private contractor in pursuance of the obligation of the industrial establishment under section 46 of the factories act, 1948, this court upheld the claim of workers for being treated as the workers of the company itself. ..... and the staff may be permitted to go for lunch in fixed time to avoid heavy rush at the canteen....the above passage quoted from the letter of the central office of the bank amply establishes that the bank had an obligation to run the canteen and in fact, was running the canteen, through contractors, even though the promoters had withdrawn their ..... the canteen will run normally after a week or so....the bank further says that the canteen is for the welfare of the staff and directs as follows:all members are requested to avail this facility and refrain from going out for coffee and ..... decisions relied on by the counsel for the petitioner in kgsd canteen employees' welfare association's case (cited supra) does not apply to the case on hand ..... court on a very poignant note observed that canteen services are no longer looked upon as a mere welfare activity but as an essential requirement where sizeable number of employees work. ..... they are established as a part of the welfare measure for the railway staff and the kind of activities they conduct depend, among other things, on the funds available ..... the canteen is provided only as a welfare measure and the employees in the canteen are not employees of .....

The India Cements Limited Represented by Its Managing Director Vs. Dir ...

Court : Chennai

Reported in : (2001)3MLJ484

..... learned counsel would further submit that the provisions of the factories act 1948 empowered such nominations for the occupier which is identical to the one of section 76 of the mines act 1952 requiring the nomination of the owner. ..... operations;(iii) in operating, servicing, maintaining or repairing any part of any machinery used in or about the mine;(iv) in operations, within the premises of the mine, loading for dispatch of minerals;(v) in any office of the mine;(vi) in any welfare, health, sanitary, or conservancy services required to be provided under this act, or watch and ward, within the premises of the mine excluding residential area; or(vii) in any kind of work whatsoever which is preparatory or incidental to, or connected with, mining operations. ..... supreme court further observed that when the act was amended by act 94 of 1976 with a view to remove some lacunae relating to the definition of 'workers' and for improvement of the provisions in regard to safety of workers and appointment of safety officers and to provide for an enquiry in every case of a fatal accident, some difficulties experienced in the administration of the factories act 1948. ..... law laid down by the supreme court is based upon the object of the factories act enacted to regulate the factories and also taking note of the fact that the said enactment is a piece of social welfare legislation enacted primarily with the object of protecting workmen employed in factories against industrial and occupational hazards. .....

M. Elangovan and ors. Vs. Madras Refineries Ltd., Rep. by Its Chairman ...

Court : Chennai

Reported in : (2005)IILLJ653Mad; (2005)1MLJ686

..... and submitted that the supreme court has held that the employees in a canteen set up in discharge of statutory mandate, namely, section 46 of factories act, 1948 do not necessarily become employees of establishment and it would depend on how the obligation to set up the canteen was discharged by establishment, whether by direct recruitment or ..... ) 1 scc 298 dealing with the claim of workers of a canteen run through a private contractor in pursuance of the obligation of the industrial establishment under section 46 of the factories act, 1948, this court upheld the claim of workers for being treated as the workers of the company itself. ..... that it could not be said as an absolute proposition of law that whenever in discharge of a statutory mandate, such as section 46 of the factories act, 1948, a canteen was set up by an establishment, the employees of the canteen became the employees of the establishment ..... , as seen from the affidavit filed in support of the writ petition, is that the first respondent, madras refineries limited, is factory within the meaning of the factories act, 1948, and in the said factory, more than 2000 workmen are employed on three shift basis and the factory runs round the clock. ..... for the ppellants is that the canteen run by the respondents 1 and 2 is statutory canteen, required to be run by the first respondent under section 46 of the factories act and the appellants who are all employees in the canteen are workmen of the respondents 1 and 2 for all purposes. .....

R. Ganapathy Subramaniam Vs. Enfield India Ltd., Madras,

Court : Chennai

Reported in : (1985)IILLJ77Mad

..... , dated 10th february, 1950 exempting permanently persons employed in any kind of work in factories and governed by the factories act, 1948 from all the provisions of the shops act, would be available to the first respondent and therefore, the appeal filed by the appellant before the appellate authority constituted under that act, viz. ..... out earlier, inclusive of the appellant himself, the godown had employed ten persons, not to take into account those employed in the spare parts section in the premises, the whole of which has been licensed under the factories act. ..... activities involves the inter-action of different departments, each with a distinct and separate function and when the whole premises consisting of the different sections is licensed for the manufacturing purpose under the provisions of the factories act, it would really be unnecessary to set out in detail, the different departments comprised in it. ..... of knowledge on the part of the appellant with reference to the number of persons employed in the spare parts section would not lead to the conclusion that none was so employed. ..... , were also employed though in the spare parts section, it is evident that more than ten workers were or had been working in the premises of the first respondent ..... maintenance of separate attendance registers for each department for purposes of convenience would not in any manner detract from the identity of the premises as one licensed premises, though comprising of different departments or sections. .....